Sorrentino Legal | Connecticut DUI Lawyer

‘Under the Influence’

Under the influence is legally defined as the impairment of one’s physical or mental capacity to the point where one can no longer drive their vehicle as a reasonably cautious and sober person under the same of similar circumstances. Relevant factors include the manner in which the defendant operated their vehicle and performance on field sobriety tests.

The most relevant inquiry for police investigating DUI / OUI is whether the driver exhibits objective signs of impairment. Even if you are not operating a vehicle, but were still under the legal limit for presumptive intoxication, you can still be convicted of DUI / OUI so long as the state can prove that you were still “under the influence,” which can be very subjective. This is sometimes referred to as a “behavioral violation”  as opposed to the elevated BAC “per se” violation. The state will rely on the arresting officer’s testimony that he observed objective signs of intoxication which reasonably left the officer to believe that you under the influence. Some of those objective signs might include:

• Slurred speech
• Red, blood-shot, or watery eyes
• Alcoholic odor
• Inability to follow officer’s directions
• Inability to balance or poor motor skill function
• Poor performance on Field Sobriety Tests

Possible OUI/DUI Defenses

At the Law Offices of Bradley L. Sorrentino, we know the best legal defenses to DUI / OUI in Connecticut. Some possible defenses you could raise are the following:

• The state did not prove BARD that you were actually operating the motor vehicle even if you were intoxicated.
• The state failed to prove BARD that you were operating with an elevated BAC or that you were under the influence.
• The police violated your 4th Amendment rights when they pulled you over.

Pre-Trial Alcohol Education Program

If you have no prior DUI arrests or convictions within the last ten (10) years, you could qualify for this program, which after 10-15 sessions (usually once per week) in a state-approved outpatient treatment program or (“DUI school”) will allow to get the case dismissed and avoid a criminal conviction. In order for the court to approve you for this program, your lawyer must demonstrate good cause.

However, you are not eligible for this program if:

• (1) You had a commercial license OR were operating a commercial vehicle when DUI;
• (2) Were convicted of DUI within the last 10 years.

Punishment and Sentencing for DUI / OUI in Connecticut

A DUI / OUI is generally a misdemeanor in Connecticut, however certain aggravating factors can elevate the crime of DUI to a felony. If convicted of a first offense misdemeanor DUI you will face the following penalties:

• A fine between $500-1,000;
• 0-6 months in jail (suspended sentence upon successful completion 100 hours of community service and other conditions of probation);
• 45-day license suspension;
• Installation Ignition Interlock device (IID) after restoration of license for a period for 1-year;
• Alcohol education and outpatient treatment program

The penalties for DUI / OUI increase severely for subsequent offenses. In fact, the Connecticut Supreme Court has held that a second DUI conviction within a ten-year period is a felony. See McCoy v. Commissioner of Public Safety, 300 Conn. 144 (2011).